In Brief
Phannuram Sahu died in 1959 with coparcenary agricultural and house properties. His daughter Kesar Bai sued for partition and her share. The Trial Court granted her 1/3 of the properties; the High Court reduced it to 1/6. The Supreme Court upheld the High Court, holding that under the Hindu Succession Act, 1956, the deceased's share must first be deemed as if he had taken partition before death (1/3). Of this, his son Vishal received 1/2 by birth as a coparcener, plus 1/6 of the father's remaining half by intestate succession. Each daughter (Kesar Bai and Keja Bai) received only 1/6 through intestate succession of the father's half-share, not the full 1/3.
The lawyer headnote and full judgment text are available to registered users.